Florida Workers Compensation Law

To be eligible for permanent total disability benefits, an employee must have either a catastrophic injury or be unable to uninterruptedly engage in at least sedentary employment. The definition of “catastrophic injury” was revised to eliminate the Social Security eligibility standard and to provide lmited inclusion for certain injuries, such as loss of both hands, both arms, both feet, both legs, or both eyes, or any two thereof, or paraplegia or quadriplegia. Permanent total disability benefits are payable until the employee reaches age 75; however, if an employee is injured on or after age 70, benefits
are payable for a maximum of 5 years following the determination of permanent total disability.

Permanent partial disability benefits were increased from 50 percent of the employees’ temporary total disability benefits
to 75 percent, and the duration of benefit was changed from 3 weeks for each percent of impairment to a sliding scale based on the percent of impairment. Supplemental benefits which were paid only to employees who had at least a 20-percent impairment and who were unable to earn at least 80 percent of their pre-injury wage were eliminated. The cap on chiropractic treatments was increased from 18 visits to 24 visits, and the number of weeks of treatments from 8 weeks to 12 weeks. The maximum benefit for funeral expenses increased from $5,000 to $7,500; death benefits for dependents increased from $100,000 to $150,000.

An “accidental compensable injury” must be the major contributing cause of any resulting injury, meaning that the cause must be more than 50 percent responsible for the injury, compared with all other causes combined, as demonstrated by medical evidence only. In cases involving occupational disease or repetitive exposure, both causation and sufficient exposure to support causation must be proven by clear and convincing evidence.

For mental and nervous injuries, a physical injury that requires medical treatment must be the major contributing cause; the injury must be demonstrated by clear and convincing evidence. An employer and employee are limited to one independent medical examination per accident, rather than one per medical specialty; the carrier is required to pay for only one independent medical examination. If an injured worker prevails in a medical dispute, he or she is allowed to recoup the costs of the independent medical examination. As an alternative, both parties may agree to the use of a consensus medical examination that would be binding on both parties. Physician fees increased to 110 percent
of Medicare reimbursement schedules, and surgical procedures to 140 percent. The Department of Insurance may provide confidential information to any law enforcement agency or administrative agency for use in the performance of its official duties and responsibilities. The receiving agency must maintain the confidentiality of such information.

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